Chapter 11-4 — PROHIBITIONS ON USE

No person may conduct or participate in an activity in a park or specified area of a park which is restricted and so posted by the director. The director shall have a sign posted notifying the public of the restriction.

(Ord. 455 § 2 (part), 1996)

(a)

A person may not practice or conduct a business, profession or commercial enterprise nor sell or offer for sale a service or article, or solicit donations of money or goods in a park facility without a permit.

(b)

Canvassing shall not be considered a commercial activity within the meaning of this section.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 596, § 8, 6-13-2011)

No person, other than a child under six years of age accompanied by a parent or guardian, may use or enter a toilet facility specifically designated for use by the opposite sex.

(Ord. 455 § 2 (part), 1996)

(a)

No person may deposit or release refuse, including but not limited to a bottle, broken glass, ashes, paper, box, can, dirt, rubbish, waste, garbage or trash in a park. Refuse which is incidental to the use of the facility may be deposited in a receptacle provided for this purpose. An incinerator, stove, fire ring, barbecue, or other device used to contain fire or for cooking is not a receptacle for refuse.

(b)

No person may discharge a substance, matter or thing into park waters.

(Ord. 455 § 2 (part), 1996)

Smoking of any substance is prohibited in all park facilities.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 576, § 2, 10-26-2009)

Except as otherwise provided in this section, no person may drink an alcoholic beverage in an area designated as a nature trail or nature area or in a park facility posted with a sign prohibiting the consumption of alcoholic beverages. The director may issue a permit pursuant to chapter 11-3 of this title authorizing the consumption of alcoholic beverages in a park facility.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 609, § 5, 7-9-2012)

(a)

No person may ignite or use fire in any place in a park except in a barbecue cooker or other cooking device provided by the city for that purpose and which is attached to the real property. The director may approve an exception by specifying it in the permit.

(b)

A person who kindles or maintains a fire in a park may not leave the area where the fire is kindled or maintained until the fire is extinguished and cold to the touch.

(c)

No person may ignite or maintain a fire in a can or receptacle maintained for the purpose of garbage disposal or incineration.

(Ord. 455 § 2 (part), 1996)

No person may use or possess fireworks of any kind within a park.

(Ord. 455 § 2 (part), 1996)

Except for those persons listed in Penal Code Section 12031(b) and 12031(c), no person may possess in a park a dangerous weapon, device, firearm or destructive device as that term is defined in Section 12301 of the Penal Code.

(Ord. 455 § 2 (part), 1996)

It is a violation of this part to do any of the following acts in a park.

(a)

Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw any object at an animal or remove the young, egg, or nest of an animal.

(b)

Abandon an animal, dead or alive.

(c)

Remove an animal one does not own.

(d)

Permit a dog owned or in one's possession in a park, unless the dog is on a leash less than six feet long and under complete control at all times, except as otherwise provided in this chapter.

(e)

Permit an animal on or in a sports field, tot lot or sand play area at any time, except as otherwise provided in this chapter.

(f)

Permit an animal owned or in one's possession to defecate on a public street, sidewalk, parkway or facility in a park without immediately removing the resulting excrement. A person shall properly dispose of the excrement by placement in a public refuse receptacle at the time of occurrence.

(g)

Permit cattle, sheep, goat, horse, or other animal owned or in one's possession to graze within the boundaries of a park without written approval of the director.

(h)

Ride or lead a horse, pony, mule, burro, or other animal onto or over real property within a park other than at times and upon roads or trails designated on the park map and trail entrances as trails upon which riding of animals is authorized.

(i)

Notwithstanding anything else contained in this chapter, any guide animal, signal animal or service animal, as defined by California law, may be in any park facility when accompanying: (1) a qualified individual with a disability within the meaning of the Americans with Disabilities Act of 1990, who requires such guide, signal or service animal to enjoy full and equal access to the park facility; or (2) a person licensed under California law to train that guide, signal or service animal who is taking the animal into the park facility for the purpose of training it. Persons authorized to bring an animal into a park facility pursuant to this section shall ensure that the animal is on a leash and tagged as a guide animal, signal animal, or service animal by the appropriate identification tag issued by an authorized state or local agency.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 609, § 6, 7-9-2012)

It is a violation of this chapter for any person other than the director or her designee to do any of the following acts in a park facility:

(a)

Dig up, pick, remove, mutilate, injure, cut or destroy a turf, tree, plant, artifact, or archaeological site.

(b)

Cut, break, injure, deface or disturb a building, sign, fence, bench, structure, apparatus, equipment, or any other property owned, managed, controlled or operated by the department.

(c)

Make or place a rope, wire, mark, writing, printing, sign, card, display, or similar inscription device on any tree, plant, building or other property owned, managed, controlled or operated by the department.

(d)

Deposit or remove earth, sand, rock, stone, or any other substance or material.

(e)

Attempt to erect a building, wharf or structure of any kind.

(f)

Attempt to encumber any portion of the real property without the written approval of the city council.

(g)

Engage in any activity that is intended to damage the park facility or any property owned, managed, controlled or operated by the department.

(h)

Engage in any activity which is a violation of any federal, state or local law, rule or regulation.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 596, § 9, 6-13-2011)

No person other than one acting under the direction of the director may duplicate a key used by the department for a padlock or door lock, nor shall a person divulge the combination of a lock so equipped to an unauthorized person.

(Ord. 455 § 2 (part), 1996)

It is a violation of this part to do any of the following acts in a park:

(a)

Drive a Vehicle Onto Park Grounds. For the purpose of this prohibition, park grounds include all areas within a park except for a roadway and parking lot intended for public use;

(b)

Drive a vehicle, except an authorized emergency vehicle, at a rate of speed exceeding five miles per hour or as otherwise posted, or in any case at a speed exceeding safe conditions dictated by prevailing circumstances;

(c)

Park a vehicle within a park facility except in an area specifically designated as a parking area or park a vehicle in any location in a manner that presents a hazard to the public;

(d)

Park an automobile during the hours the facility is closed without a permit. The director may tow a vehicle parked in violation of this provision;

(e)

Abandon a vehicle;

(f)

Operate a vehicle which is not equipped with a properly installed muffler device which when in constant operation prevents excessive or unusual noise;

(g)

Wash, repair or advertise a vehicle for sale; and

(h)

Drive a vehicle onto a sports field without the written approval of the director.

(Ord. 455 § 2 (part), 1996)

It is a violation of this part to do any of the following acts in a park:

(a)

Roller-skate, ride a bicycle, skateboard or scooter on any area or surface designated and posted as unsafe or inappropriate for bicycle use. Equipment may be carried or pushed by hand in these areas.

(b)

Leave a bicycle or skateboard in a place or position where a person may trip over or be injured by it. A bicycle shall be left in a bicycle rack when one is provided and there is a space available.

(c)

Ride a bicycle on a sports field.

(d)

Operate a bicycle on a trail designated for use by bicyclists and pedestrians in an unsafe manner or at a speed in excess of 15 mph on straightaways and 5 mph around corners and on hills. Bicyclists using trails designated for use by bicyclists and pedestrians shall call out to pedestrian trail users before passing so that the pedestrian trail users have adequate time to move to the side of the trail.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 609, § 7, 7-9-2012)

It is a violation of this part to do any of the following acts in a park:

(a)

Drive, chip, play or practice golf, or hit golf balls unless the area is designated for that use;

(b)

Operate a self-propelled or radio-controlled model airplane, boat, automobile, or other model craft;

(c)

Hang-glide, parachute or parasail;

(d)

Engage in any activity or operate any device recklessly or negligently so as to endanger the life, limb or property of a person;

(e)

Possess or discharge a paint gun, spear, bow and arrow, crossbow, slingshot, air or gas weapon, or other dangerous weapon within a park; and

(f)

Conduct a hardball baseball game except on a designated sports field.

(Ord. 455 § 2 (part), 1996)

No person may swim, bathe, wade, tube or raft in any water in a park.

(Ord. 455 § 2 (part), 1996)

Except as otherwise provided in this section, no person may camp or lodge in a motor home in or on any park or sports fields. Camping may be allowed in the Lafayette Community Park pursuant to a permit issued by the director in accordance with chapter 11-3 of this title.

(Ord. 455 § 2 (part), 1996)

(Ord. No. 609, § 8, 7-9-2012)

It is a violation of this part to do any of the following acts in a park:

(a)

Use or operate a radio receiving set, musical instrument, phonograph, television set, public address system, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of a park user or reasonable person of normal sensitivity residing in the area without the written approval of the director. The use of such device or machine so that the sound produced is audible at a distance in excess of 50 feet is considered a prima facie violation of this section;

(b)

Use a threatening, abusive, boisterous, loud, insulting or indecent language or gesture, which is inherently likely to provoke an immediate violent reaction or disturb the peace of a park user or reasonable person of normal sensitivity; or engage in conduct that unreasonably and unnecessarily impairs the lawful use and enjoyment of a park by another person or impairs the ability of the city's employees to perform their authorized duties.

(Ord. 455 § 2 (part), 1996)